AZAD ANSARI ETC Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH the appeals aforesaid have been preferred by the appellants named above against the Impugned judgment and order dated 31.8.1998 passed by Shri Tarkeshwar Prasad, Sessions Judge, Gumia in S.T. No. 122 of 1997 whereby and whereunder appellant Jaleshwar Sahu @ Charka Sahu was found guilty for the offence punishable under Sec.302 of the Indian Penal Code and he was convicted and sentenced to undergo RI for life whereas appellant Azad Ansari was found guilty for the offence punishable under Sec.302/34 of the Indian Penal Code and he was convicted and sentenced to undergo RI for ten years.

(2.) THE prosecution case has arisen on the basis of the fardbeyan (Ext. 4) of PW 7, Manoj Kumar Sahu, the informant and nephew of Rajendra Prasad Sahu, the deceased of this case recorded by S.I Saryu Pandit of Bharno P.S. on 26.1.1997 at 19.30 hours at Ambwa Karan Tungri Bazar Tand within Bharno P.S. regarding the occurrence which is said to have taken place on that very day at 17.00 hours at the said place in which Rajendra Prasad Sahu was done to death. The case was instituted by drawing the formal FIR (Ext. 6) on that very day and the said formal FIR and the fardbeyan was received in the Court empowered to take cognizance on 27.1.1998 the signature of the informant on the fard -beyan aforesaid is Ext. 3 and Tulsi Prasad Sahu has witnessed the said fardbeyan and his signature thereon is Ext. 3/1.

(3.) IT is pertinent to mention here that co -accused Parasnath Sahu has been murdered in the night of 26.1.1997 itself for which a case has been lodged in which PW 7 along with others figured as an accused.